Preamble To The Constitution : Ideals And Visions

The Preamble to our Constitution (in brief, 'Preamble') is more than just 63 words perfectly arranged and catalogued (in a certain way) in some normative sentences; most importantly, it is all about the democratic aspirations and ideals of the people of India (I. C. Golaknath & Ors vs State of Punjab & Anrs. 1967 SCR 2). It is pertinent to note that the Preamble does not subscribe to the ideology and philosophy practised by one section of the society, even if that section happens to be in a majority. However, it does not mean that the values enshrined in the Preamble discard the value systems of minority sections. Our Preamble is staggeringly different from many other Preambles which we get to see (of other nations). It does not take the tribulation on itself to derive aspirations from Religion, God, Identity etc. It particularises and promises to ensure Liberty, Equality, Fraternity and Justice to the people of India, and that's about it. The Preamble clears the air that the people of India have resolved to secure to all its citizens Social, Economic and Political Justice, It is not the case that Identity, Religion, or God are not/should not be important to us, it's just that our Preamble makes room for us to choose for ourselves, our God, our History, our Faith and most importantly, to own our thoughts. This resolution has been made by people of the nation solemnly, and not by invoking any divine or spiritual power. In-fact, the Constitution treats Believer, atheist and agnostic alike, as it doesn't differentiate on trivial issues. What did the Preamble mean to Constituent assembly? The Drafting Committee of the Constitution of India had observed and was aware of the fact that the Preamble should be limited to defining the important features of the new nation and the socio-political objectives must be imbibed in the most important text of the Constitution i.e., the Preamble. It is very clear from the mere reading of the Preamble that the ultimate and conclusive objective of the framers of the Constitution was to give birth to an introduction (to the Constitution of India) which mirrors the possible and definitive ideals of a welfare state and an egalitarian society. By necessary implication, the text of the Preamble had to include in itself, the aims and aspirations of the people of India who sacrificed their lives for the attainment of the country's independence. Before going further, let's first read the bare text of our preamble. The Preamble reads: "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION." The original text of our Preamble as adopted by the Constituent Assembly in the year 1949 declared India as a "Sovereign Democratic Republic". Through the 42nd Constitutional Amendment of 1976, which was enacted during the infamous Emergency days, the words "Socialist" and "Secular" were also added to the preamble (It is said that the then Prime Minister, Indira Gandhi was keen to prove that her Government was true to the spirit of the Constitution). The Indira Gandhi Government endeavoured to reassure that the minorities in the country would be safe and the moneyed class would not dominate the economy. The preamble as we see now, reads - "SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC". It is worth noting that the purpose of introducing the two words by the Indira Gandhi Government may have been cynical, but they did make explicit the commitments the nation had already made to its people as well as to itself. Utility of Preamble The Preamble/Aims/Objectives of any Bill/Act is an introductory part of that document, which goes on to explain the purpose, logic, and philosophy of that particular document. A preamble sets the tone of the introduction to a document, highlighting the principles and fundamental values of the document. It canvasses the source of the document's authority. However, the case with the Preamble is slightly different. In fact, the text of the Preamble doesn't consist of mere flourish words but they set the tone of an ideal atmosphere for practice and observance as a matter of law through Constitutional mechanism (Similar remarks were made in the case of Indra Sawhney Vs. Union of India 1992 Supp. (3) SCC 217). In the case of Preamble, it is special because the edifice of our Constitution is built upon the concepts crystallised in the Preamble (Minerva Mills Ltd. & ...

Preamble To The Constitution : Ideals And Visions

Sparsh Upadhyay

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